This is a translation. It is here so you can read the agreement in English. If the two versions ever differ, the Spanish version prevails.
Draft. It does not bind anyone yet.
This text is pending legal review and the registered details of the company. You can read it to see how we work, but signing up does not commit you to sell anything and does not sign any contract: once the agreement is final we send it to you to accept it knowing what it says.
1. Who we are
Get Lanzarote, owner of the website getlanzarote.com
(hereinafter, "the Platform").
The company's registered details (legal name, tax ID and address) will be published
here before this agreement becomes binding.
2. What this document is
This framework agreement governs the relationship between the Platform and the company or professional offering activities, excursions or tourist services in Lanzarote (hereinafter, "the Provider").
It does not oblige the Provider to sell anything, nor the Platform to buy anything. It sets the common rules of the collaboration. The specific commercial terms of each activity (net price, allocation, seasons) are agreed separately in each product's listing and prevail over this text if they contradict it.
3. What the Platform does
- Publishes and promotes the Provider's activities on its website and on the channels it sees fit.
- Receives requests and bookings from end customers and passes them to the Provider.
- Handles payment from the customer where agreed, and settles with the Provider under clause 5.
- Gives the Provider, free of charge, a panel to manage availability and bookings, in case it has no system of its own.
The Platform acts as an intermediary. Delivering the activity, and the responsibility for it, belongs entirely to the Provider.
4. What the Provider does
- Provides true and complete information about each activity: description, duration, meeting point, languages, capacity, ages and requirements, what is and is not included, cancellation policy and weather conditions.
- Keeps availability up to date. If it works with its own system, it guarantees that the connection reflects real places; if it uses the Platform's panel, it updates it at least daily.
- Confirms or declines each request within 24 hours during business hours.
- Delivers the service under the published conditions.
- Reports any cancellation, change of time or incident immediately.
5. Commercial terms
- The Provider states a net price per activity and person. The Platform freely sets the retail price by adding its margin. The Provider always receives its full net price, whatever the final retail price.
- Alternatively, and if agreed in writing for a specific activity, the Platform may work on a commission on the retail price.
- Settlement every two weeks, by bank transfer, against the Provider's invoice.
- Prices are exclusive of IGIC, which is applied where due under the Canary Islands tax regime.
- The Provider keeps the agreed net price for at least 6 months and gives 30 days' notice of any change. Changes do not affect bookings already confirmed.
6. The Provider's legal obligations
The Provider declares and guarantees that:
- It is registered and up to date with its tax and Social Security obligations.
- It holds all the licences, authorisations and qualifications required for its activity: authorisation of the tourist activity, nautical qualifications, passenger transport licences and official guide accreditation where applicable.
- It holds a valid civil liability insurance with sufficient cover for the activity, and accident insurance for participants where the law requires it.
- It complies with the applicable safety rules, maximum number of participants and staff ratios.
The Platform may ask for a copy of this documentation at any time and suspend the publication of the activities until it receives it.
7. Content and images
The Provider grants the Platform a non-exclusive, free licence to use its photographs, videos, logo and texts to promote its activities, for as long as this collaboration lasts and for the following 12 months in material already published.
The Provider guarantees that it holds the rights to that material, including the consent of any identifiable people who appear in it. Texts, photographs and designs created by the Platform are the Platform's property.
8. Data protection
The parties will process personal data in accordance with the GDPR and the Spanish data protection law (LOPDGDD).
The Platform will give the Provider only the customer data strictly needed to deliver the service: name, number of people, contact phone and special requirements. The Provider will use it only to deliver that activity and may not use it for its own commercial purposes, pass it to third parties or add it to its marketing databases.
Each party is the controller for its own purposes. Where appropriate, the corresponding data processing agreement will be signed.
9. Confidentiality
Net prices, commercial terms, volumes and customer data are confidential. The obligation lasts for 3 years after the end of the collaboration.
10. No exclusivity
Neither party is bound exclusively. The Provider may keep selling on its own and through any other channel. The Platform may work with providers offering similar activities.
11. Liability
The Provider is solely responsible for carrying out the activity, its safety and its quality, and for any damage that may occur while it is delivered, and will hold the Platform harmless against any claims arising from it.
The Platform is responsible for passing on bookings correctly and for settling the agreed amounts.
12. Term and termination
Indefinite from acceptance. Either party may end it at any time with 30 days' notice, without penalty. Bookings already confirmed must be delivered and settled on their terms.
The Platform may immediately suspend the publication of activities if it detects a breach of clause 6, serious customer complaints or false information.
13. Changes
The Platform may update this agreement with 30 days' notice by email. If the Provider does not agree, it may end the collaboration without penalty.
14. Governing law
Spanish law. For any dispute, and waiving any other jurisdiction, the parties submit to the Courts of Arrecife (Lanzarote), unless the law requires another.
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